62

Communications

No. 34

(3) If no delivery of the postal article is made under subsection
(2) (b), the postal services licensee may__
(a) destroy the postal article or any of its contents; or
(b) sell any of the contents of the postal article and credit the
proceeds to the licensee's income.

(4) If the postal article is disposed of under subsection (3), the
postal services licensee shall make a record of the disposal and store
such record together with other such records in a manner prescribed,
or as approved by the Authority, for a period of not less than twelve
months from the date of the disposal, and make such record
available for inspection by the Authority at its request.
Contract for
the transport of
postal articles
Prohibited
postal articles

Obligation of
a licensee to
inform the
Authority of an
illicitly posted
article

(5) The postal services licensee shall not be held liable for any
postal article disposed of under this section.

134. A postal services licensee may enter into a contract with
any entity providing a regular transport service within Malawi for
the purpose of carrying postal articles.
135. A person shall not send by post__

(a) explosive, inflammable, dangerous, filthy, noxious or
deleterious substance, or any sharp instrument not properly
protected, or any living creature that is either noxious or likely to
injure any individual or damage any postal article in the course of
transmission by post;
(b) indecent or obscene printing, painting, photograph,
lithograph, engraving, book or card or any other indecent or
obscene article;
(c) a postal article having thereon, or on the cover thereof, any
words, marks or designs of any indecent, obscene, seditious,
scurrilous, threatening or grossly offensive character;
(d) a postal article bearing any fake stamp or purporting to be
prepaid with any postage stamp that has previously been used to
prepay any other postal article, or which has previously been used
in payment of any stamp duty; or
(e) other article that the Authority may prohibit by rules made
under this Act and in line with Universal Postal Union Articles.
136.__(1) A postal services licensee who receives a postal article
which the licensee reasonably suspects to have been sent in
contravention of this Act or any other written law, shall immediately inform and hand over the postal article to the Authority or any
other law enforcement agency.
(2) The Authority or other law enforcement agency may forfeit,

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